Can I Kick my Ex out of the Marital Home During Divorce?

House Photo
When an ex can be ordered to vacate the marital home in divorce

The details of your situation will impact whether it’s possible to get a court order mandating that your ex should move out of the marital home.

Specifically, the court will want to know whether your (or a child’s) safety may be threatened by an ex’s presence in the marital home. If so (because domestic violence or other abuse is an issue, for instance), then a court will typically order the other spouse to move out while the matter is investigated and the divorce is resolved.

Revealing more about this issue, below are some helpful answers to commonly asked questions about moving out of the marital home before or during divorce. When you need more answers – and helpful advice regarding your best options for resolving the issues of your divorce, contact Scottsdale Divorce Attorney Karen Schoenau. She is here for you, ready to help.

Moving out of the Marital Home in Divorce: Helpful Answers Q – Do I Have to get a Court Order to get an ex to Move out of the Home?

A – You don’t have to get a court order, but this order will be the only way to officially compel an ex to move out (because it is backed by the weight and authority of the law). Without a court order, an ex can choose to stay in the home during the divorce.

Q –Is it Better for me to Move out or Stay in the Marital Home During Divorce?

A – Again, this will depend on your situation and, in particular:

  • Whether staying in the home will compromise your safety (or mental health)
  • What your needs and goals are in terms of the divorce (and/or retaining the marital home)
  • Whether you have the financial means to move out.

Generally, if your safety and health won’t be compromised by staying in the home (and if you want to try to retain the home through the divorce or you and your ex share children), it’s advisable to stay in the home.

Q – What if my ex is Trying to Kick me out of the Marital Home?

A – If your ex has a court order requiring you to vacate the marital home, then you must honor that order and move out. If not, it’s best to consult an attorney who can review the details of your situation and advise you about your best options for protecting your rights and interests.

Get More Answers now: Contact Scottsdale Divorce Attorney Karen A. Schoenau When you need effective representation in divorce, contact Scottsdale Divorce Attorney Karen Schoenau. Since 1987, Karen Schoenau has been helping people resolve their important family law matters, including complex cases related to divorce, custody, paternity and other issues. Call 480-209-1918 or email us via the contact form on this page to set up an initial consultation with Attorney Karen Schoenau and get honest answers about your best options for moving forward with divorce. From offices based in Scottsdale, Attorney Karen Schoenau represents clients throughout the metropolitan Scottsdale area, including in Scottsdale, Mesa, Surprise, Maricopa County, Pinal County, Gila County and throughout the state of Arizona.
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